THE LATEST INSIGHTS FROM GILBERT ATTORNEYS
The Bedivere Liquidation – What Matters for Policyholders?
The Bedivere Insurance Company, formerly known as OneBeacon Insurance Company, was placed into liquidation on March 11, 2021. Once writing […]
Winter Storms Projected to Be Largest Insured Loss in Texas History—Secure Your Safety and Property and Preserve Your Insurance Rights
The subzero temperatures and winter storms that swept through Texas and surrounding states this past week have left millions without […]
Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 2
Over the years, Gilbert LLP has been involved in many facets of Cuban-American relations. As a new presidential administration settles […]
Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 1
Potentially no country has more to gain from a new U.S. presidential administration than Cuba. President Trump has spent the […]
Administration of Coronavirus Vaccines May Raise Constitutional Issues
With the development of COVID-19 vaccines, the world may finally be looking at a solution to the pandemic that has […]
North Carolina Court Holds That All Risk Policies Cover COVID-19 Business Income and Extra Expense Losses as a Matter of Law
On several occasions, my law partner Mark Packman and I have published articles discussing that initial COVID-19 insurance coverage decisions […]
Bedrock Principles of Insurance Contract Interpretation May Aid Policyholders Seeking Coverage for Losses Due to COVID-19
Determining how an insurance policy applies to a situation not anticipated by the policy’s drafters often results in disputes between […]
Insurer Suggests Some Viruses Can Knock Down Buildings, Just Not COVID
Insurers like to trumpet litigation wins on COVID business interruption coverage, but it’s helpful to actually read the decisions. Take […]
Renewed Shutdowns/Restrictions Present Interesting Issues Regarding COVID-19 Business Interruption Claims
In recent weeks we have published multiple pieces on issues related to the calculation of damages under business interruption policies […]
Proposed Legislation Regarding Business Interruption Insurance for COVID-19 Claims
In recent writings, we’ve informed you about insurance legislation introduced in several states to deal with the coronavirus pandemic. This […]
Interplay of Mitigation and COVID Business Interruption Claims
On June 15, 2020, Society Insurance (“Society”) filed a motion in the United States District Court for the Eastern District […]
Reasons for Communicating Clearly with Your Insurer Regarding the Scope of Coverage Before Purchasing Cyber Insurance
Purchasing cyber insurance is notoriously complex—standard form policies do not currently exist, many key terms setting the scope of coverage […]
Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 2)
In Part One of this post, we discussed proposed legislation addressing the rights of policyholders to business interruption coverage for […]
Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 1)
The Coronavirus Crisis On top of its human toll, the coronavirus pandemic has had massive economic effects. Stay-at-home orders, which […]
Social Distancing During Wedding Season: Mitigating Loss and Securing Insurance Coverage
In a typical year, March flowers hint at wedding showers soon to be celebrated. But 2020 is not a typical […]
Non-Public Companies Should Not Forget D&O Insurance When Evaluating Coverage That May Respond To COVID-19-Related Losses
Though most initial COVID-19 insurance-related analysis is focusing on first-party insurance, companies should also review their third-party insurance coverage in […]
Businesses At Risk Of COVID-19-Related Lawsuits Should Consider Providing Notice of Circumstance Under Current Claims-Made Liability Policies
Health and safety are rightly everyone’s first priority as COVID-19’s unprecedented impact continues to grow each day. But businesses should […]
Coronavirus and Implications on Employment Claims and Insurance
My colleague, Jason Rubinstein, recently wrote a piece highlighting potential impacts the coronavirus pandemic might have on various commercial lines […]
Coronavirus and Commerce: Possible Insurance Implications
The coronavirus pandemic and its consequences are spreading throughout the world at an alarming rate. Governments at all levels and […]
Can U.S. Companies Insure Against a Trade War?
The recent trade deal between the U.S. and China was welcome news for U.S. companies with investments in China. The […]
Playing with Fyre: Insurance Considerations for Music Festival Organizers
Just weeks before it was set to begin, Woodstock 50 gasped its final breath. But the steady drumbeat of problems […]
Tours in Trouble: A Rock Star’s Response to Coverage Denials Based on Physical Injury or Mental Health
Touring is a major source of profits for today’s successful recording artists, and they spend considerable sums on venues and […]
Life on the B Side: Social Media Advertising Under CGL Coverage B (Part 2)
The following is Part II in our two-part series on the intersection between social media advertising and the lesser known […]
The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 2: “Occurrence”)
Every day we learn new horrors about America’s opioid epidemic. As discussed in my last entry, insurance issued to the […]
FAA Proposes Amendments to Rules Applicable to Drones
Nearly four years ago I first wrote about the proliferation of commercial drones and the myriad of insurance and regulatory […]
Social Media Advertising Under CGL Coverage B (Part 1)
The following is Part I of a two-part series on the intersection between social media advertising and the lesser known […]
Securing Coverage for Wrongful Termination
Employers can be subject to a wide array of employment-related claims and often purchase employment practices liability insurance (EPLI) to […]
The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 1)
There is an opioid crisis plaguing the United States. Millions of Americans are addicted, and tens of thousands die annually […]